Legal
Terms of Service
Last updated: January 1, 2025 · Effective: January 1, 2025
Please read these Terms carefully. By accessing or using ExpoScheduler, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (individually or on behalf of a company or organization) and Brandgage, Inc. ("Brandgage," "we," "us," or "our") governing your access to and use of the ExpoScheduler platform and related services (collectively, the "Service").
By creating an account, clicking "I agree," or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.
2. Description of Service
ExpoScheduler is a cloud-based event management platform that provides meeting scheduling, attendee management, check-in, and reporting tools for trade shows, conferences, and similar events. Features and functionality may vary by subscription plan and may be updated, modified, or discontinued at our discretion.
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time with reasonable notice, except where required by law. We will not be liable for any such modifications, suspensions, or discontinuations.
3. Accounts and Registration
To use ExpoScheduler, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your login credentials confidential and not share them with others
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
You must be at least 18 years old and legally authorized to enter into contracts to create an account. Accounts may not be transferred without our written consent.
4. License to Use
Subject to these Terms and your payment of applicable fees, Brandgage grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.
This license does not include the right to sublicense, resell, or otherwise make the Service available to third parties; use the Service to build a competing product; or access the Service through automated means (except as expressly permitted by us).
5. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Transmit harmful, fraudulent, deceptive, or abusive content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to send spam, phishing messages, or unsolicited communications
- Upload content that contains viruses, malware, or other malicious code
- Interfere with or disrupt the integrity or performance of the Service
- Harvest or collect personal data from other users without authorization
We reserve the right to suspend or terminate accounts that violate these restrictions.
6. Customer Data and Content
You retain ownership of all data, content, and information you submit to the Service ("Customer Data"). By submitting Customer Data, you grant Brandgage a limited license to process, store, and display your Customer Data solely as necessary to provide the Service.
You are responsible for the accuracy, legality, and appropriateness of your Customer Data, including event attendee information. You represent and warrant that you have all necessary rights and consents to provide Customer Data to the Service and that doing so does not violate any applicable law or third-party rights. Customers are responsible for ensuring that their collection and use of attendee data complies with applicable privacy laws, including but not limited to GDPR, CCPA, and any other laws applicable to their jurisdiction or event attendees.
We will not access your Customer Data except as necessary to provide support, investigate security issues, or as required by law. We will never use your Customer Data for our own marketing purposes.
7. Payment and Billing
Fees
Fees for the Service are as described on our pricing page or in an order form or statement of work. All fees are in US dollars unless otherwise specified. We reserve the right to change pricing with 30 days' notice.
Payment terms
For per-event pricing, payment is due before the Service is activated for that event. For subscription plans, fees are billed in advance on the billing cycle date. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
Late payments
Overdue amounts bear interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). We may suspend access to the Service for accounts with outstanding balances after providing written notice.
Taxes
Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and similar charges, except taxes based on Brandgage's income.
8. Intellectual Property
All rights, title, and interest in and to the Service — including all software, technology, trademarks, logos, and documentation — are and remain the exclusive property of Brandgage and its licensors. Nothing in these Terms transfers any intellectual property rights to you.
If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unlimited, royalty-free license to use such feedback without obligation to you.
9. Confidentiality
Each party agrees to keep confidential and not disclose the other party's non-public, proprietary information ("Confidential Information") to third parties, and to use Confidential Information only for the purposes of these Terms. This obligation does not apply to information that becomes publicly known through no fault of the receiving party, was already known by the receiving party, or is required to be disclosed by law.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BRANDGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICE AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDGAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
BRANDGAGE'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Brandgage and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, your violation of these Terms, or your infringement of any third-party rights.
13. Termination
Either party may terminate these Terms at any time. You may cancel your account through the account settings or by contacting support. We may terminate or suspend your access immediately if you violate these Terms or fail to pay applicable fees after notice.
Upon termination, your license to use the Service ends. We will provide you with a reasonable opportunity to export your Customer Data before deletion. Sections that by their nature should survive termination (including IP, indemnification, disclaimer, and liability sections) will survive.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of [State], without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through binding arbitration in [City, State], except that either party may seek injunctive relief in any court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Brandgage.
15. Force Majeure
Brandgage will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, internet or telecommunications outages, labor disputes, governmental actions, pandemics, or failures of third-party infrastructure or services. In such events, our obligations will be suspended for the duration of the condition, and we will make reasonable efforts to resume performance as soon as practicable.
16. Entire Agreement
These Terms, together with any applicable order forms, statements of work, or policies incorporated by reference, constitute the entire agreement between you and Brandgage regarding the Service and supersede any prior or contemporaneous agreements, representations, or understandings, whether written or oral, relating to the same subject matter.